Texas law does not recognize the concept of "alimony."
However, you can, in Texas, be awarded spousal maintenance if you can provide evidence that, upon divorce, you will lack sufficient property to meet your minimum reasonable needs and you were either married for 10 years or longer, have an incapacitating physical or mental disability, are the custodian of a child with a mental or physical disability, or you or a child of the marriage was subjected to an act of family violence by your spouse within the two years prior to filing for divorce.
How Courts Decide Upon Spousal Maintenance
When determining the amount of spousal maintenance to be awarded, some of the factors the trial court will take into consideration are as follows:
- The duration of the marriage
- The age of the spouse seeking maintenance
- The education and employment history of the spouse seeking maintenance
- Fraud committed during the marriage by the spouse seeking maintenance
- The contribution by one spouse to the education, training or increased earning power of the other spouse
- The contribution to the marriage of one spouse as a homemaker
- Any history of family violence
- Any marital misconduct